Claimed Lawyer ProfileQ&A
- Energy, Oil & Gas Law
- Business Law
- Real Estate Law
Free thirty minute in-person or phone consultation.
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- North Dakota
- SMU Dedman School of Law
- J.D. (2005)
- Trinity University
- B.A. (2002) | Economics
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13 Questions Answered
- Q. Hello, my father passed intestate. My sister and I are only heirs. Colorado probate. Question about asset division.
- A: There is not a particular form that I am aware of to outline an agreement of a division of assets. What you need is a brief agreement with your sister about the property division. It would say how it was distributed, that you are both OK with that, and a release of claims against both of you.
- Q. Dispute with HOA over our mineral rights.They are claim ownership rights.We say we own but give HOA POA.Who is correct.
- A: There is a lot to this question. The first is whether the lot owners were given the minerals to begin with. If so, then the question is whether this covenant applies to each lot. It probably does. Then, what does this covenant mean. This covenant allows the HOA to execute leases for each lot owner. This is probably to control development in the subdivision. What isn't clear is who gets the bonus for signing the lease and who gets the royalties. It would appear that the lot owners get that money but the HOA negotiates the lease. An attorney would need to see the deed, the declaration of covenants, and probably the HOA bylaws to answer this question in full. If there is a lease on the property, then that should be examined, too. But it sounds like there is a lease negotiation in progress or production is occurring and you are trying to figure out your rights. I suggest contacting a local oil and gas attorney to determine if you are entitled to the royalties.
- Q. My mother died and I need to sell her house - does probate have to be finished before I can do this?
- A: Probate does not have to be finished in order to sell property of the deceased. However, the seller must have authority; this person is usually the personal representative/executor. The personal representative distributes property and pays off debt. If there is a debt on the house, like a mortgage, it must be satisfied either before the sale, or during the sale from the proceeds. You must also look at the will, if any, to see what authority the executor has to sell property. If there is no will, then the statutes take over. I suggest you retain a lawyer, if you are the personal representative, or if not, then you may need a lawyer to ensure that the proceeds from any sale are distributed correctly. Usually lawyers are useful in any probate that is the least bit complex.
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